Amending and supplementing regulations on sanctioning of administrative violations in the field of industrial property
The Ministry of Science and Technology is making a Draft Decree amending and supplementing a number of articles of Decree No. 99/2013/ND-CP on stipulating penalties for administrative violations in the field of industrial property.
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On June 16, 2022, the Law amending and supplementing a number of articles of the Intellectual Property Law was approved at the third session of the XV National Assembly and took effect from January 1, 2023 with a number of regulations on amendments and supplements that are directly related to, and require amendments and supplements to the corresponding contents in Decree No. 99/2013/NDCP (such as amendments and supplements to regulations constituting acts of unfair competition in the field of industrial property related to domain names; change the rights of organizations and individuals that suffer damage or are likely to suffer damage due to acts of unfair competition in terms of the right to request state agencies to handle; conceptual separation of counterfeit trademark goods and geographical indication counterfeiting; amending and supplementing regulations on responsibilities and obligations of individual practitioners and organizations providing industrial property representation services).
In addition, a number of provisions in the current Decree No. 99/2013/ND-CP are inconsistent with the provisions of Decree No./2023/ND-CP detailing a number of articles and measures to implement the IP Law on industrial property, protection of industrial property rights to plant varieties and state management of intellectual property have just been promulgated by the Government and etc.
The purpose of drafting is to complete the legal provisions on sanctioning administrative violations in the field of industrial property, ensure compliance with the Law amending and supplementing a number of articles of the IP Law and removing major difficulties and obstacles in practice, contributing to ensuring the effectiveness and efficiency of the law enforcement on industrial property in particular and IP in general.
Ensuring the conformity of legal provisions on sanctioning of administrative violations with relevant international treaties to which Vietnam is a member. The areas covered by Decree No. 99/2013/ND-CP are closely related to international treaties to which Vietnam is a member, so this requirement is also considered in the making process of draft Decree.